Wilson v. Davis et al

Filing 9

ORDER that Plaintiff's counsel is to file a motion on or before January 18, 2017 to have Plaintiff's mother, or someone else qualified, to be appointed as a guardian ad litem for T.W. Signed by Magistrate Judge Dennis Howell on 01/05/18. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 252
T.W., by her next friend Kristena Wilson,

)
)
Plaintiff,
)
)
v.
)
)
SHANE DAVIS and THE CITY OF
)
KINGS MOUNTAIN
)
)
Defendants.
)
___________________________________ )

ORDER

On September 9, 2017, T.W., by next friend and mother Kristena Wilson, filed
her Complaint [# 1]. T.W. is eighteen [# 1]. T.W. has been diagnosed with autism
and suffers from anxiety and narcolepsy [# 1]. While the distinction between next
friend and guardian ad litem remains fine, the Court will require that a guardian ad
litem be appointed for T.W. See Fed. R. Civ. P. 17(c)(2); Blackwell v. Vance
Trucking Co., 139 F. Supp. 103, 106 (1956).
Therefore, the Court DIRECTS Plaintiff’s counsel to file a motion on or
before January 18, 2017 to have Plaintiff’s mother, or someone else qualified, to be
appointed as a guardian ad litem for T.W.
Signed: January 5, 2018